Generally, workers’ compensation claims do not hurt or directly affect your employer. Every employer in New Jersey must carry workers’ compensation insurance with limited exceptions. Workers’ compensation aims to provide medical and wage benefits to injured workers while protecting employers from personal liability. Their workers’ comp insurance protects them in the same way car insurance protects you if you get into a wreck. Generally, your workers’ compensation claim will not affect your employer beyond the possibility that their insurance premium may increase. Even then, if there is any increase, it typically will not be significant unless multiple claims have been filed within a short period of time.
Contact us today to speak with a New Jersey workers’ compensation lawyer today!
I Filed a Workers’ Compensation Claim. Can I Face Retaliation From My Employer?
New Jersey law prohibits employers from retaliating against an employee who files a workers’ compensation claim. The law prohibits you from being terminated due to filing for benefits or testifying at a workers’ compensation hearing. Employers are forbidden from retaliation in the form of:
- Demoting or downgrading your position,
- Decreasing your work hours or pay,
- Refusing or withholding a raise or bonus, or
- Transferring you to another unfavorable position or location.
If an employer engages in any of this conduct or something else retaliatory, it is unlikely they will admit the reason is retaliation for filing a workers’ comp claim. It can take strategic investigation to gather the evidence necessary to prove these circumstances. If you suspect you are being retaliated against because of your claim, an experienced workers’ comp attorney can assist you.
What To Do If My Worker’s Comp Claim Is Denied?
A workers’ comp claim can be denied for several reasons, including missed deadlines, the worker being an independent contractor, the injury occurring outside of work, and others.
However, it is possible your claim was wrongfully denied. If that is the case, you have options to contest the denial.
Seek an Informal Hearing
After filing a Claim Petition, you can request an informal hearing before the workers’ compensation judge. Your attorney and the insurance company’s attorney will submit documentation, including accident reports and medical records, to the judge for review. After hearing both sides, the judge can ultimately recommend resolving the dispute and entering into a settlement.
Seek a Formal Hearing or Trial
If the dispute cannot be resolved informally, it might be time to consider moving forward, including a motion for medical and temporary benefits. If granted, it will allow you to receive benefits in the interim of a final decision. If the claim cannot be settled after continued negotiations, it will proceed to trial.
After hearing arguments from both sides, the judge will render a decision.
Appeal The Workers’ Comp Judge’s Ruling
If you disagree with the judge’s ruling, you can file an appeal with the New Jersey Appellate Division of the Superior Court.
If you are questioning, will my workers’ comp claim hurt my employer? We strongly encourage you to consult an experienced lawyer who can ease your concerns and help you get the benefits you deserve.
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